Guns, gay rights could return in immigration fight

Leahy declined to comment Tuesday on whether he will bring up the same-sex amendment on the floor, noting: “We haven’t even started immigration. Just like we did last time, I’ll talk about it as things come up.”

During the markup, Democratic senators such as Durbin, Sen. Chuck Schumer (N.Y.), Dianne Feinstein (Calif.) and Al Franken (Minn.) said they backed the intent of the measure, which would allow gay U.S. citizens to sponsor foreign-born spouses for permanent residency in the country.

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But Republicans threatened to walk from the reform effort if the gay-rights amendment was included, and Democrats said they couldn’t back the measure if it would imperil the overall bill.

Gay-rights groups will continue to pressure lawmakers as the bill heads to the floor. Democrats may introduce the amendment there, where a 60-vote threshold would be harder to meet but senators could go on the record for or against it.

Complicating matters, the Supreme Court is expected to rule on the Defense of Marriage Act, the federal statute that states marriage is between a man and a woman. If the law is struck down, gay couples may be able to petition for green cards, and a legislative fix could be unnecessary.

“The amendment would be a critical insurance policy for binational couples if a ruling has not yet been handed down before the final vote,” said Steve Ralls, the communications director for Immigration Equality, which advocates for immigration rights for lesbian, gay, bisexual and transgendered people. “If we have a bad ruling from the court, the amendment becomes especially critical.”

“I will vote for it on the floor,” Sen. Chris Coons (D-Del.). “It is my hope that we will get a chance to vote for it on the floor.”

Hatch has now turned attention to his four amendments on taxes and benefit provisions, which he says must be included in order to win his support on the overall bill. For example, Hatch wants to require undocumented immigrants to prove they have paid back taxes.

“I’m willing to work it out, whatever it is” on his amendments, Hatch said Tuesday. The senator added that Schumer “in particular” has pledged to work with Hatch on his measures.